Federal Court of Appeal Rules California Ammunition Background Check Unconstitutional

one Federal Court of Appeal California’s first law requires gun owners to conduct background checks on the purchase of ammunition unconstitutional and declares a violation of Second Amendment rights.

In a 2-1 ruling, the 9th Circuit Court of Appeals upheld a permanent injunction from lower court judges, preventing the state from enforcing the law.

Circuit Judge Sandra Ikuta said the law “meaningfully restricts” the reserve of the right to weapons and carry weapons, and the state failed to prove that the law is consistent with the country’s historical traditions required in the 2022 U.S. Supreme Court decision, the New York State Rifle and Pistol Association case.

“By conducting background checks on all ammunition purchases for Californians, California’s ammunition background check regime violates the fundamental right to retain and carry weapons,” Ikuta wrote.

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California Gov. Gavin Newsom, a Democrat, said the ruling was a “face-to-face slap” by Golden State officials working to impose gun restrictions to curb gun violence.

“Strong gun laws save lives – today’s decision is a slap in California’s progress in recent years to make its communities safer,” Newsom said in a statement. “Californians vote to request background checks on ammunition, and their voices should be important.”

“Our families, schools and communities deserve the most basic protection against gun violence, and we are investigating our legal choices,” said National Attorney General Rob Bonta, also a Democrat.

California voters approved a voting measure in 2016 that requires gun owners to undergo a preliminary background check to buy ammunition and purchase a four-year ammunition license.

Legislators later revised the measure, requiring a background check for each purchase of ammunition.

California officials They said they received 191 reports last year saying “armed and banned individuals” were blocked through background checks on purchasing ammunition.

The 9th Circuit Court of Appeals upheld a permanent injunction from lower court judges, preventing the state from enforcing the law. (Reuters/Bing Guan)

The state can ask 11 judges to review the ruling by a panel of courts of appeals or the U.S. Supreme Court.

Plaintiffs include Kim Rhode, who won three Olympic gold medals and the California Rifle and Pistol Association in the shooting event.

The president and general counsel of the Gun Group said in a joint statement that the decision was a victory against “beyond government gun control”, which Rhode described as “a huge victory for all gun owners in California.”

The ban was released in San Diego by U.S. District Judge Roger Benitez. The appeals court panel put the injunction on hold, while California appeals appealed.

California argued that several old gun restrictions supported background checks, including colonial rules, requiring permission to produce gunpowder, and refused to accept the “Oath of Loyalty” and the late 19th century rules around 1776, requiring government approval to carry hidden weapons.

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California Gov. Gavin Newsom said the ruling was a “face-to-face slap” by Golden State officials to curb gun violence. (AP Photo/Jeff Chiu, File)

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Circuit Judge Jay Bybee doesn’t object to Thursday’s decision, accusing most of them of ignoring Supreme Court Guidance By effectively announcing any restrictions on ammunition sales, given that a country may point out the possibility of the same historical analogue.

Bybee wrote that the law “is not the strict regulation that meaningfully limits the right to retain and carry weapons.”

Although Democratic presidential appointments a majority on the 9th Tour, all three judges in the panel were appointed by the Republican president on Thursday.

Ikuta and Bybee were made by former President George W. Bush.

Reuters contributed to the report.